Online Streaming Act

An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

Sponsor

Pablo Rodriguez  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Broadcasting Act to, among other things,
(a) add online undertakings — undertakings for the transmission or retransmission of programs over the Internet — as a distinct class of broadcasting undertakings;
(b) specify that the Act does not apply in respect of programs uploaded to an online undertaking that provides a social media service by a user of the service, unless the programs are prescribed by regulation;
(c) update the broadcasting policy for Canada set out in section 3 of the Act by, among other things, providing that the Canadian broadcasting system should
(i) serve the needs and interests of all Canadians, including Canadians from Black or other racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages, and
(ii) provide opportunities to Indigenous persons, programming that reflects Indigenous cultures and that is in Indigenous languages, and programming that is accessible without barriers to persons with disabilities;
(d) enhance the vitality of official language minority communities in Canada and foster the full recognition and use of both English and French in Canadian society, including by supporting the production and broadcasting of original programs in both languages;
(e) specify that the Canadian Radio-television and Telecommunications Commission (the “Commission”) must regulate and supervise the Canadian broadcasting system in a manner that
(i) takes into account the different characteristics of English, French and Indigenous language broadcasting and the different conditions under which broadcasting undertakings that provide English, French or Indigenous language programming operate,
(ii) takes into account, among other things, the nature and diversity of the services provided by broadcasting undertakings,
(iii) ensures that any broadcasting undertaking that cannot make maximum or predominant use of Canadian creative and other human resources in the creation, production and presentation of programming contributes to those Canadian resources in an equitable manner,
(iv) promotes innovation and is readily adaptable toscientific and technological change,
(v) facilitates the provision to Canadians of Canadian programs in both official languages, including those created and produced by official language minority communities in Canada, as well as Canadian programs in Indigenous languages,
(vi) facilitates the provision of programs that are accessible without barriers to persons with disabilities,
(vii) facilitates the provision to Canadians of programs created and produced by members of Black or other racialized communities,
(viii) protects the privacy of individuals who aremembers of the audience of programs broadcast, and
(ix) takes into account the variety of broadcasting undertakings to which the Act applies and avoids imposing obligations on any class of broadcasting undertakings if that imposition will not contribute in a material manner to the implementation of the broadcasting policy;
(f) amend the procedure relating to the issuance by the Governor in Council of policy directions to the Commission;
(g) replace the Commission’s power to impose conditions on a licence with a power to make orders imposing conditions on the carrying on of broadcasting undertakings;
(h) provide the Commission with the power to require that persons carrying on broadcasting undertakings make expenditures to support the Canadian broadcasting system;
(i) authorize the Commission to provide information to the Minister responsible for that Act, the Chief Statistician of Canada and the Commissioner of Competition, and set out in that Act a process by which a person who submits certain types of information to the Commission may designate the information as confidential;
(j) amend the procedure by which the Governor in Council may, under section 28 of that Act, set aside a decision of the Commission to issue, amend or renew a licence or refer such a decision back to the Commission for reconsideration and hearing;
(k) specify that a person shall not carry on a broadcasting undertaking, other than an online undertaking, unless they do so in accordance with a licence or they are exempt from the requirement to hold a licence;
(l) harmonize the punishments for offences under Part II of that Act and clarify that a due diligence defence applies to the existing offences set out in that Act; and
(m) allow for the imposition of administrative monetary penalties for violations of certain provisions of that Act or of the Accessible Canada Act .
The enactment also makes related and consequential amendments to other Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

March 30, 2023 Passed Motion respecting Senate amendments to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
March 30, 2023 Failed Motion respecting Senate amendments to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (reasoned amendment)
June 21, 2022 Passed 3rd reading and adoption of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
June 21, 2022 Failed Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (hoist amendment)
June 20, 2022 Passed Concurrence at report stage of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
June 20, 2022 Passed Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment)
June 20, 2022 Failed Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment)
May 12, 2022 Passed 2nd reading of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
May 12, 2022 Failed 2nd reading of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (amendment)
May 12, 2022 Failed 2nd reading of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (subamendment)
May 11, 2022 Passed Time allocation for Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

Online Streaming ActGovernment Orders

February 16th, 2022 / 5:30 p.m.
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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Mr. Speaker, I thank the member for Trois-Rivières for his speech and in particular for reminding us all that philosophy can help us grapple with everyday issues so eloquently.

I do not know the cultural scene in Trois-Rivières well, although I did spend a summer in immersion at the Université du Québec à Trois-Rivières some time ago. Nevertheless, I am sure that Trois-Rivières has its share of cultural workers and cultural production despite the pull of Montreal and Quebec. I am also sure that the loss of revenues during COVID for those organizations has left many of them struggling.

My question for the member is pretty simple, and I am sure he will agree with me. It is really important that we scoop back some of those revenues that were taken by the web giants and streaming services and direct that revenue to cultural production in our ridings across the country.

Online Streaming ActGovernment Orders

February 16th, 2022 / 5:30 p.m.
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Bloc

René Villemure Bloc Trois-Rivières, QC

Mr. Speaker, Trois-Rivières is a riding full of events, culture and sports. Recently, I informed members of the House that I had applied for Trois-Rivières to host the Jeux de La Francophonie.

It is truly a place where people have suffered. Those who were already rich and have unfairly become richer during this time should be able to give back. The businesses that profited most from the lockdown are the web giants. I completely agree with my colleague. Compensation is something we might think about.

Online Streaming ActGovernment Orders

February 16th, 2022 / 5:30 p.m.
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Bloc

Jean-Denis Garon Bloc Mirabel, QC

Mr. Speaker, earlier, in criticizing the bill, the member for Perth—Wellington compared it to Groundhog Day. If memory serves, when the groundhog woke up on September 21, the composition of Parliament was the same, or almost the same, as it is today.

I would like the member for Trois-Rivières, an expert in ethics issues and legitimacy, to tell us how legitimate this bill still is and whether this legitimacy justifies moving it through the process quickly and constructively for our cultural industry.

Online Streaming ActGovernment Orders

February 16th, 2022 / 5:30 p.m.
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Bloc

René Villemure Bloc Trois-Rivières, QC

Mr. Speaker, we definitely need to ensure that our creators stop suffering.

They have suffered unnecessarily because Parliament's work was interrupted for the sake of personal vanity. I think we should proceed quickly but stay vigilant.

Online Streaming ActGovernment Orders

February 16th, 2022 / 5:30 p.m.
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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Mr. Speaker, I am so pleased to speak to this issue.

Right now, I am an MP, a politician, but in a former life, I was an actor and an artist. I was involved in quite a few films and TV series. I had theatre companies. I am of course deeply concerned about the fate of culture and artists, and that is exactly what I want to talk about today: culture.

I do not want to get bogged down in the technical details, the algorithms, the streaming services. I am going to try to focus the debate on the substance of Bill C‑11. To me, what is at stake here is Quebec culture.

I apologize in advance to the interpreters. My speech is about Quebec culture, so I think they might have a very hard time interpreting some of the terms. My anglophone colleagues might not understand what I am talking about. However, the salient point is that ours is a minority culture within the greater North American context. We are in the middle of a technological revolution, and Quebec culture is in danger.

Let me begin by quoting one of my very good friends, filmmaker Pierre Falardeau, who had this to say about culture:

For me, that is what Quebec culture is all about. It's a direct, physical, deeply sensual connection with this land of the Americas. Culture is a landscape that grips your heart. It's a mountain, a lake, a valley that wells up from the depths of your youth. Quebec culture is a verse by Gaston Miron, [the images] of Pierre Perrault, the colour of the snow in a painting by Clarence Gagnon. Culture is also the smell of my mother's cooking. It's watching hockey on TV on Saturday nights, freshly bathed, hair perfectly combed, in your flannel PJs that smell of laundry soap and the wind. Quebec culture is also about my aunts being exploited by Imperial Tobacco in Saint-Henri. It's my uncle, a Lithuanian immigrant, who could walk on his hands. [It was wonderful.] Quebec culture is my father, who taught me about justice, solidarity and love for my people. Culture is the back alleys downtown. It is Reggie Chartrand's fists. It's a song from old France that takes you back 400 years, for no apparent reason. It is Champlain. It's the curve of the roof on our houses. Quebec culture is my girlfriend's “spaghatte” sauce, my couscous from “Faubourg à m'lasse” and my children rapping in French. That's what culture is all about. It's a thousand little things that give life its flavour.

Obviously, a great many other things are associated with culture. Quebec culture has a vocabulary all its own. In fact, Quebeckers talk about each season in a way no one anywhere else does. I will start with winter, represented in our national song, “Mon pays, ce n'est pas un pays, c'est l'hiver”, or “my country is not a country, it's winter”. Quebec culture is understanding the difference between frais, frisquet, froid and frette—cool, chilly, cold and bloody freezing. Quebec culture is coming out of blowing snow into slush and freezing rain. Quebec culture is the myriad colourful expressions that describe how Quebeckers “attachent leur tuque avec de la broche”, or brace themselves, against the long, cold winter and hang in there, even if “ils en ont ras le pompon”—they are fed up—even if “ils ont peur de péter au frette, de ne pas passer l’hiver”, in other words, even if they fear they will not make it through to spring. “Pas passer l'hiver”, not making it through the winter. Where else in the world would anyone say that?

Quebeckers also have a thousand and one ways to celebrate spring, from marvelling at ice jams and fiddleheads to enjoying the maple sugar season. The word “sugar” evokes a series of images and smells that resonate with Quebeckers, capturing their world and their memories. That one word says so much.

Spring means breaking out the shorts and t-shirts at the first rays of warm sunshine as though dressing for warm weather will make it arrive sooner. However, a day that cool would have us reaching for a sweater in the fall.

Quebeckers also have a thousand and one ways to soak up the summer, from Saint-Jean-Baptiste Day to jam making and corn husking parties. We love getting back to nature and visiting outfitters in controlled harvesting zones, or ZECs. We have to take advantage while we can still have all the windows down.

Naturally, we also have a thousand and one ways to enjoy the fall, from picking cherries to admiring the fall colours. As the days start getting shorter, we quibble with our roommates over the best starting lineup for our beloved hockey team's upcoming season. Even after a miserable season, as soon as they pick up a few wins in a row, we already feel like the cup is within reach. As Quebeckers, we always feel the cup is within reach, even when it is far away, although right now it seems a long way off.

Santa Claus and the tooth fairy may be universal, but Quebec has its very own fictional characters, like Séraphin, Donalda, Ti-Coune, Lyne la pas fine, and Capitaine Bonhomme. Then there are some even more mythical characters, so mythical that they are known by all but have never been seen. There is Roger Bontemps, Madame Blancheville and the guy everyone loves, Joe Bleau, the most famous everyman in all of Quebec. No doubt he comes from Saint-Glinglin.

Saint-Glinglin, now that is interesting. Everyone knows it is far away, but nobody knows where it is. Quebec can be pretty disorienting to outsiders, what with our eastern border being on the north shore and our southern border being in the Eastern Townships. We also have square “arrondissements”, not circular ones, and quiet revolutions. Quebec is the only place where piggybacking on someone else's idea is called “faire le pouce”, and where sacred words can be used in decidedly profane ways, as long as one has the decency to blush.

Quebec culture is all kinds of things. It is images, the luminosity of a Jean-Paul Lemieux, the abandon of a Riopelle, the impetus captured in a Krieghoff, the human form captured in a Corno. It is an aesthetic that does not even define itself as such. It is touchstone tomes that span the gamut from Flore laurentienne to L'Almanach du peuple.

Quebec culture can feel like one big family. Some names speak volumes in a single word. In Quebec, everyone knows who Clémence is. Janette, Dédé, Boucar and Ginette? Sure, we know all about them, and of course we all know Céline.

Unfortunately, Quebec culture also means a lot of political and linguistic misunderstandings with English Canada. When we say “secularism”, the English-language media calls it “racism”. When we say “academic freedom”, it is translated in English Canada as “racism”. When we talk about the survival of the French language, that too is translated as “racism”.

Quebec culture is about expressing modern ideas using new French words: clavardage for chat, courriel for email, pourriel for spam, and balado for podcast, not to mention all the words that were invented at the same time as the object itself. The motoneige, or snowmobile, is a perfect example of a Quebec invention. The snow blower and car mats were invented in Quebec too. Let us not forget poutine, Quebec's national dish. This decadent dish has conquered the world. Quebec culture is about all of those things.

As they say, everything is interconnected, or “tôuttt est dans tôuttt”, as Raôul Duguay put it in his song Tôuttt etô bôuttt. As for Ariane Moffatt, she wants it all, as she says in her song, Je veux tout. That is what is at stake with Bill C-11.

If we allow our media to plunge into even more hardship, if we neglect to support our creators and our platforms, all these great Quebec sayings will gradually get erased, and all these cultural touchpoints that still bring us together today will become foreign to a whole new generation, including my children's generation. This will sever the bond that ties us to our history and to everything that makes us who we are today.

Such is the risk of a people becoming nothing more than one demographic among many. A culture, especially a minority culture like ours, is a precious and delicate garden that could be swept away and destroyed by the fierce winds of technological globalization. If that happens, the world would lose our unique and irreplaceable colour from its spectrum. That would be a tragedy for the entire world, because when a culture dies, it is a loss for all of humanity.

Online Streaming ActGovernment Orders

February 16th, 2022 / 5:40 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, the member piqued my interest when he referenced hockey as one of Canada's great passions of culture. I think of the Montreal Habs and the Winnipeg Jets. How we love our hockey. Culture is very much the Céline Dions and many other celebrities in the performing arts, and the many contributions to writing, poetry or books in general. It is a very strong and healthy industry.

When we think of streaming on the Internet, this legislation would provide additional strength going forward to build on specific industries, arts and culture in particular. Would the member provide his thoughts on just how important it is that this legislation pass so that we can further support, and continue to support, our culture and heritage across Canada?

Online Streaming ActGovernment Orders

February 16th, 2022 / 5:40 p.m.
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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Madam Speaker, my colleague is absolutely right. We have to get going and pass this bill. Even before the last election, I was getting calls and emails from my artist friends, telling me I was lucky because I made it to Parliament. Our artists are starving. Distinguished artists, people who are really immensely talented, are not enjoying the fruits of their labour. It is shocking.

On YouTube, people automatically go for English content. We have to make French content discoverable. It has to show up, or people will not seek it out. That is why it is incredibly important to pass the bill as soon as possible.

Online Streaming ActGovernment Orders

February 16th, 2022 / 5:45 p.m.
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Conservative

John Nater Conservative Perth—Wellington, ON

Madam Speaker, I thank the hon. member for his speech. It was very enjoyable. He spoke about Quebec content and francophone content on streaming services.

What proportion of Quebec content would my colleague want to see on the big streaming platforms?

Online Streaming ActGovernment Orders

February 16th, 2022 / 5:45 p.m.
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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Madam Speaker, you cannot put a number on success. If an artist produces a great song, that song needs to be heard.

The problem right now is that even well-known artists who are very successful in Quebec cannot make it on major platforms like Spotify and YouTube because they do not show up there.

We must ensure that successful artists from Quebec are on the platforms and available for people to listen to. That is the big issue.

Online Streaming ActGovernment Orders

February 16th, 2022 / 5:45 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, I thank my colleague for his lyrical musings about his love for Quebec culture, which I share as well.

He made me think of the anthropologist Claude Lévi‑Strauss. In a debate where he was asked whether humans were part of nature or culture, Lévi-Strauss answered that it was in man's nature to be cultural. We are therefore not human if there is no culture.

I believe that the way people discover songs is by seeing them pop up on social media platforms such as YouTube. If we want Quebec or French-language songs to be available and visible to consumers, we have to tweak the algorithms.

However, Bill C‑11 prohibits the CRTC from tweaking algorithms. What does my colleague think of that clause of the bill?

Online Streaming ActGovernment Orders

February 16th, 2022 / 5:45 p.m.
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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Madam Speaker, I do not know if there is some technical reason that makes French-language content appear more frequently or whether we need to use algorithms. I am not an expert in that area. In any case, the issue remains the same.

Bill C‑11 gives us a sort of guarantee that the major platforms will be asked to work on discoverability. It is not perfect. For the time being, we are not going to get involved in that. We will rework the bill. If there is reason to get involved in that area, the CRTC will decide in the end.

I do believe that the message is fairly clear in the bill: We want French-language content to be visible everywhere for anyone who wants to consume it.

Online Streaming ActGovernment Orders

February 16th, 2022 / 5:45 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, I am familiar with Bill C‑11, having spent a lot of time working on the previous bill, Bill C‑10, which addressed the same issues but was not passed by the Senate. This is a new version, but it is almost identical to Bill C‑10, with some changes.

To set the stage, I think it is important to talk about tax fairness. Yesterday, I was listening to prominent left-wing economist Thomas Piketty on the radio. He said that getting the ultrarich, the billionaires, the big corporations, the web giants like GAFAM, to pay is key to being able to create societies that are fairer and more egalitarian, societies where we can pay for social programs to take care of our people, our communities and our neighbours.

This bill is a step in that direction. Unfortunately, the federal government, be it Conservative or Liberal, has not yet done anything to make these web giants pay tax in Canada. I can already hear the Minister of Canadian Heritage saying that it is not up to Canadian Heritage, it is up to Finance. He is right. I know that.

I am just saying that we have a major tax fairness problem preventing us from making necessary investments in health care, post-secondary education and infrastructure. Middle-class workers are always the ones who end up paying for those things, while the rich find a way out and go hide their money in tax havens. Big companies like web giants are still not paying tax in Canada. That is absolutely scandalous, and we should all be outraged.

I invite the federal government—I urge it—to heed the demands of those on the left, of progressives and the NDP, among others, and tell these companies that enough is enough. Google, Apple, Facebook and their ilk need to pay tax. They make mind-boggling amounts of money. They are literally stealing our money, and the middle class, the workers, the people we represent in our ridings, are the ones who always end up bearing the tax burden.

We are not talking about taxation in Bill C‑11, but about a certain fairness in financial contributions to support our cultural sector. That is the link between the two. It is a small step, but a significant one for our artists, creators, and national, local or regional productions. It is becoming absolutely essential to be able to make this shift. It is high time that we did so. We are already lagging far behind.

The last version of the Broadcasting Act was enacted in 1991. It is now 2022. Spotify, Netflix and all these online streaming services did not exist in 1991. Fortunately or unfortunately, I remember it as an entirely different era. One thing is certain: we have a regulatory and legislative framework that is outdated and archaic. As the member for Trois-Rivières stated, it is literally from another century and must be adapted for the present day.

Back then, the federal government was able to step in and pass legislation on TV and radio broadcasters because the airwaves had been declared a public good. Since they were a public good, the government could step in to oversee and regulate the use of these airwaves. That is not true of the Internet. The Internet is not considered a public good or even a public service, which is unfortunate. I do think it should be a public service. Back then, the legislation was drafted based on the concept of public airwaves for radio and later for television. We are light years beyond that.

We in the NDP welcome this kind of legislation, which aims to ensure that everyone is treated equally by bringing those who do not currently contribute to funding Quebec and Canadian cultural production in line with those who do. This should have been done a long time ago. We said this last year, before the election. Governments have been dragging their feet on this issue. It is culture, our cultural sector and our artists, who have suffered and unfortunately continue to suffer.

I find it particularly hypocritical that the Liberals argued for urgent action on the former Bill C-10, after introducing it too late in 2021 and then calling an election, knowing full well that this would kill the bill, which would die on the Order Paper in the Senate and therefore not receive royal assent.

The Liberals' political self-interest and the tactical, partisan decisions they made in the hope of gaining a majority led them to knowingly and willingly abandon the cultural sector and our artists. Because of the Liberals, these artists will have to wait months, maybe even a year, before this problem will be solved and the various stakeholders will help fund our cultural productions through the Canada Media Fund or other funds.

This sector has never been more in need of our support. The cultural sector, along with tourism, has probably been hit hardest by the pandemic. This is particularly true for the performing arts, which are not as affected by Bill C‑11 and the Broadcasting Act but still employ a lot of people, who are desperate and struggling. The past two years have been extremely difficult, which is one more reason we need to be diligent and mindful in designing the best bill possible.

If this act is only reviewed every 33 years, it becomes even more important that we do a good job now, since we do not know when we will have the chance to make any changes.

As I was saying, technology has left our current system in the dust. On the one hand, our broadcasters and cable companies pay for arts, TV, film and music productions. On the other, web giants, all the online and streaming broadcasters, do not pay a penny to support the telling of our stories.

This inequality, this inequity, this is what needs fixing and should have been fixed a long time ago. We are ready to work in good faith with our friends in the cultural sector to change this situation and find a solution to this problem.

The NDP supports the bill in principle, just as it supported the old Bill C‑10. We want to work with our cultural sector, not just because we like culture or because it is what defines us as humans, but also because it is an important economic sector with tens of thousands of jobs. Those jobs in turn support cities, towns and regions. Lots of those jobs are in Quebec, in Montreal, and, I am proud to say, in my riding, Rosemont—La Petite-Patrie, where I am fortunate to represent a very visible, active and creative artistic community that I am very proud of.

I would like to raise the two questions that we have, and I look forward to hearing what the minister has to say about them and talking about them in committee.

One thing that derailed the debate the last time was the official opposition's very partisan speeches. The Conservative Party was getting a great kick out of raising the doubts and concerns of people who were worried about being regulated and managed by a government body like the CRTC. However, a fair reading of the previous bill showed that such would not have been the case.

It seems the Liberals were worried that the debate would shift or derail like that again, so the new bill seems even more forceful with regard to what we generally refer to as cat or baby videos, which will not be subject to CRTC regulations. Users and user-generated content will be excluded.

That is stated and reiterated in the bill. We could discuss that, but I think we are headed in the right direction. That is not the purpose of the bill. The purpose of the bill is to make individuals and companies that use social media for business purposes and generate a significant amount of revenue contribute.

That is where things are unclear right now. For example, how will we calculate YouTube's contribution if we are making a distinction between commercial and personal or private use? I am saying YouTube, but the same would be true for TikTok, Facebook or Instagram.

These platforms and social media sites are used a lot for professional and business purposes. That is fine, but we need to make sure that we have a mechanism for determining the value of the commercial use of TikTok or YouTube, for example, and excluding private or personal use.

Based on the preliminary discussions we had with officials from Canadian Heritage, the answer is unclear. They seem to be floundering, unsure how they are going to find a solution. I suspect that they will end up negotiating with each of these platforms.

If we do not have transparency tools for obtaining information on the proportion of personal use versus commercial use, information that is held by these social media platforms and online streamers, how does the Liberal government plan to negotiate with these giants to ensure that they are not pulling a fast one?

How do we make sure that they stop failing to contribute their fair share and stop saving money on the backs of workers who actually do contribute by paying taxes in Quebec and Canada?

We need to seek clarification, and I think this is going to be important work to do in committee. The Minister of Canadian Heritage is going to have to explain this to us.

The second thing I wanted to talk about is the concept of discoverability. I have questions about this, and I am not the only one, because I heard my colleagues from the Bloc Québécois, including the former heritage critic, also raise this question. The bill touches on the issue of funding for various cultural activities, and the web giants now have to chip in.

We must ask ourselves one important question: Will consumers see this content? It is all well and good to say that there may be a Quebec film in the Netflix catalogue, but if it never appears on the home page when the app is opened, if people do not even know it exists, they are not going to watch it. The same goes for a TV show or a song.

For our artists and singers, YouTube is a major means of monetizing and selling their work. The Liberal government is telling us that it wants that work to be seen and found by consumers, but it does not want to intervene in the algorithms of these social media platforms and online streamers.

I am scratching my head a little and wondering how this will be verified. The home page and suggestions shown to each consumer may vary based on their streaming history, previous searches, areas of interest and also, I believe, a significant amount of data that these web giants share in order to create customer profiles.

How will we know if Cœur de pirate's latest song is easy for people to find when they are looking for music on YouTube?

I was told that these people will have an obligation to deliver and that they will look at the overall picture. I have no idea how they are going to monitor all that, collect the data and be able to verify whether the discoverability mechanisms are real or just wishful thinking and a declaration of intent.

I understand that algorithms are also a trade secret. This may be a touchy subject, but I have yet to get a clear answer on how we can achieve this from a technical standpoint without tweaking the algorithms. I think these are important questions.

If the bill simply says that it is very important for Quebeckers and Canadians to have access to TV shows, films and songs from Quebec and Canada and that it is important that they be able to find them easily, but, in reality, none of what the bill says is enforced or enforceable, then the bill will fall short of its goal.

There are some worthwhile aspects, such as funding, national production, discoverability and diversity. The bill does take some steps in the right direction. For example, it contains some guarantees in terms of French-language content production.

As a member of Parliament from Quebec, it is obviously very important to me and to the people I represent across Quebec, and to francophones outside of Quebec and to people all across the country, that French-language works can be produced and are discoverable. We must avoid making the same mistakes the Liberals made with their big agreement with Netflix, when they seemed to have completely forgotten French-language or Quebec content. There were no guarantees.

The NDP is very much in favour of focusing on indigenous productions and indigenous-language content creation. That is something that has been neglected over the years, and there is some catching up to do. Investments are required. We are talking about money, about regional and provincial support. I do not know if we are going to want to look at quotas, but the fact that we are even talking about this and making it a priority is a step in the right direction. This is something that the NDP will emphasize strongly when we are studying the bill.

The bill addresses other points worthy of our attention, such as the idea of cultural sovereignty. If we cannot find a way to tell our own stories, the stories of our regions and towns, we will be crushed, completely overtaken. Our identity, be it Canadian, Québécois, indigenous or something else, will suffer. We have to be realistic. We are right next to the United States, the epicentre of global cultural imperialism. We need to make sure we have the tools to protect Quebec and Canadian content and our ability to produce it. We have to protect our content and promote the use of local talent. Quebec and Canadian artists have to be able to participate and be in those productions. They need exposure and recognition. That is crucial.

Bill C‑11 misses the mark in that it fails to mention CBC/Radio-Canada. The government could have gone there. It could have included CBC/Radio-Canada. There is nothing in this bill about the independence of its board of directors or the role of advertising at CBC/Radio-Canada. That is something the NDP would have liked to see.

We have also been anxiously waiting for legislation that was promised by the federal government, including support for newsrooms to deal with the issue of online broadcasters using content created by journalistic sources. Sites like MSN take articles from here, there and everywhere without paying to use or disseminate them. This is a big problem.

Considering the situation in downtown Ottawa right now and the interference of far-right groups in some of the protests, I think a bill on online hate and radicalization would be extremely important. We really want the Liberal government to do something about this. We are still waiting for the Liberal government to take action to support journalism work and newsrooms, and to address online hate.

Online Streaming ActGovernment Orders

February 16th, 2022 / 6:05 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, it has been somewhat encouraging to hear the opposition members address the legislation. The minister responsible was very passionate in his explanation of, and love for, Canadian culture and heritage and all our different regions.

The legislation we have before us is needed. Technology has advanced greatly and the need for the legislation is very real. One of the reasons why it is before us today is to recognize that streaming has become a major aspect of society and ensure that our arts community is not left behind with regard to it. This is one of the reasons why I see the bill as very strong legislation.

The hon. member mentions a number of areas he would like to see changed. Does the NDP actually have some amendments the member would be able to share with the House, prior to the bill going to committee?

Online Streaming ActGovernment Orders

February 16th, 2022 / 6:10 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, given that we agree with the principle of supporting our cultural community, our artists and our creators, we will definitely push for a bill that does exactly that, with the necessary corrections. I talked about two of them earlier.

The NDP will therefore work constructively at committee to improve Bill C-11 and address the problems. However, I would encourage the federal government to do a much better job defending its bill than the previous heritage minister did. I hope the new Minister of Canadian Heritage does not fall into the traps that the Conservative Party will try to set on the issue of freedom of expression.

Online Streaming ActGovernment Orders

February 16th, 2022 / 6:10 p.m.
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Conservative

Jeremy Patzer Conservative Cypress Hills—Grasslands, SK

Madam Speaker, I was just going through the bill, and there is one part in section 5 that talks about consultations with linguistic minority communities across Canada. The commission will have to seek consultation from these communities to figure out if the policies being made are actually going to be implemented, and what effect they will have on communities.

Does the member have any thoughts on that? Does he have any faith that these consultations will actually take place and make meaningful change to the Broadcasting Act to better serve the needs of these communities?